Miners win case against Govt over claims at Karouni

Miners Milton Brandford and Ayudhia Narine were today declared the lawful owners of 32 gold claims at 14 Mile Issano, Karouni.

The declaration was made by Chief Justice Roxane George in a case that was filed by the miners against the Guyana Geology and Mines Commission (GGMC) and the Minister of Natural Resources Vickram Bharrat.

Among other things, the Chief Justice quashed an ‘order to remove from a claim area’ which was made by the GGMC against Brandfrod and Narine on July 19, 2023. At the time, the GGMC had ordered the miners to remove from the claim area upon the ground that they had no permission when, in fact, the miners had owned the rights over the area in question.

The Chief Judge also quashed ministerial order 56 of 2023 issued by Minister Bharrat to shut down the mining of the 32 claims by Brandford and Narine. She remarked that the order cannot be retroactive to affect the established rights in the claims of the miners. On August 8, 2023, Minister Bharrat had ordered the stoppage of all mining activities in the claims’ areas owned by the miners, save and except mining activities of State bodies and corporations as directed by him.

These actions by the minister and GGMC triggered a lawsuit filed by the miners.

The miners alleged that the Minister and GGMC were trying to shut down their gold mining operations and distribute the same lands by so-called lotteries to other miners. It was revealed in court documents that shortly after Minister Bharrat issued order 56 shutting down the claims held by Brandford and Narine, the Minister and the GGMC started holding several lotteries between September and December 2023 where the lands were given out to other individuals.

Brandford and Narine submitted that they were never invited to the lotteries held by the Minister and GGMC and the lotteries were never publicised in the newspapers or the Official Gazette.

As such, the Chief Justice granted an injunction against Minister Bharrat and the GGMC from awarding any claim licences in the areas to anyone except Narine and Brandford.

The Chief Justice remarked that the lawsuit of the miners had merit and that all of the evidence showed that Minister Bharrat and the GGMC acted ‘unfairly and in bad faith in their dealings with the Applicants [the miners]’. She further stated that ‘nothing suggested that the miners breached any regulation or law’ in the evidence. She said that neither the GGMC nor Minister Bharrat adhered to or followed their own Order 56.

The Chief Justice also made orders of declaration and judicially declared that the miners, Branford and Narine, were the lawful owners of the 32 gold and precious mineral claims and that they have the right to work the land under the 32 claims in accordance with regulation 4(6) of the Mining Regulations.

The Chief Justice commanded the GGMC and the Minister to take all steps necessary to favourably process the applications for 32 claims licences made by Brandford and Narine. The Chief Justice also ordered injunctions against the GGMC and Minister Bharrat to prevent them from damaging, moving or otherwise interfering with the operations of Brandford and Narine on the claims.

Brandford and Narine were represented by attorneys-at-law Siand Dhurjon and Damien Da Silva whilst Minister Vickram Bharrat was represented by the Attorney General’s Chambers led by Ms. Prithima Kissoon. The GGMC was represented by Mr Ralph Ramkarran, SC.